Legal Question in Wills and Trusts in Florida

Wills are filed with the probate court and become public record. The probate court would be a good place to see if the probate process has begun, and to see the will if it has started.

The will is at the court house. Anyone that wants to see it can see it.

I would not say it is illegal to hide a will from someone. But your friend does have recourse.

Florida law also requires a person in possession of a will to deposit it at the court where the deceased died within 10 days from the date of death. If 10 days pass without the will being deposited, your friend can petition the court to compel production of the will (cost and attorney's fees may be recoverable). Your friend might be prudent to file a "Caveat" if he or she thinks the sister did something nefarious.

They can get a copy of the will from the probate court. It should have been filed within 10 days of the person's death. If it wasn't, you can have an attorney send a letter. Then if there's still no response, go forward with petitioning the court to compel production of the will, as mentioned above. I have a post on probate basics on my website, www.floridawillmaker.com.

Regards,